Allowed

Sanjay Sharma S/O Shri Santosh Sharma v. State of Rajasthan

Rajasthan HC23 Feb 2024CRLMB/1151/2024

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of the accused, who was confined since October 2023, for offences involving cheating and forgery. The court considered the magistrate-triable nature of offences, absence of criminal antecedents, and custody period without commenting on merits.

What did the court decide?

Released on bail with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Sanjay Sharma S/O Shri Santosh Sharma Vs State of… — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:9364]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. IInd Bail Application No. 1151/2024

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Sanjay Sharma S/o Shri Santosh Sharma, Aged About 44 Years, R/o Village House No. L-2/2, Lic Flats, Sector 06, Police Station Vidyadhar Nagar, Jaipur, Present Tenant 39, Laxmi Nagar, Near Second Nangal Pulia, Police Station Jhotwara, Jaipur West. (Presently Confined At Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Akhilesh K. Pareek For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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23/02/2024

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The instant second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.14/2023 registered at Police Station Harmada, District Jaipur (West) for offences under Sections 420, 406 and 120B of IPC. Later on, police filed chargesheet in this matter for offences under Sections 420, 406, 120B, 467, 468 and 471 of IPC.

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Learned counsel for the petitioner submits that the first bail application was dismissed as withdrawn with liberty to file fresh bail application after filing of outcome of the investigation. Now, charge-sheet has been filed in the matter and thus, this second bail application has been filed. Counsel submits that alleged offences are triable by Magistrate. He further submits that alleged

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offences are based on document and same are in possession of Investigating Agency. Counsel further submits that there are no criminal antecedents of the petitioner. The petitioner is in custody since 23.10.2023 and trial will take considerable time. He also contends that further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application and submits that there is allegation against the petitioner that he prepared forged documents of the plot in question and induced him to purchase the plot. He thus submits that the petitioner has duped the complainant.

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I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offences are triable by Magistrate; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application.

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This second bail application is accordingly allowed and it is directed that accused-petitioner- Sanjay Sharma S/o Shri Santosh Sharma shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/(Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred,

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on all subsequent dates of hearing and as and when called upon to do so.

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However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. If breach of any of this condition is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioner by this Court.

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(ANIL KUMAR UPMAN),J

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DEEPA RANI -37

Sanjay Sharma S/O Shri Santosh Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sanjay Sharma S/O Shri Santosh Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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